Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered February 1, 2010. The order, insofar as appealed from, denied plaintiffs' cross motion for summary judgment.

B.Y., M.D., P.C. v Motor Veh. Acc. Indem. Corp.

Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 24, 2011

PRESENT: WESTON, J.P., GOLIA and RIOS, JJ

ORDERED that the order, insofar as appealed from, is affirmed, without costs, and, upon searching the record, defendant's motion for summary judgment dismissing the complaint is granted.

In this action by providers to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corp. (MVAIC) moved for summary judgment dismissing the complaint on the ground that, among other things, there was no coverage because no proof had been provided establishing that all insurance remedies against the owner of the vehicle had been exhausted. Plaintiffs cross-moved for summary judgment. The Civil Court denied both motions. Plaintiffs appeal from so much of the order as denied their cross motion for summary judgment, and MVAIC requests that, upon a search of the record, its motion for summary judgment be granted.

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